Florida Sealing & Expunging Records

Seal or Expunge? First, you must determine if your criminal record is eligible. The Florida Department of Law Enforcement (FDLE) is the governing agency who determines whether or not a person is eligible to Seal or Expunge their criminal record.Expunging a criminal record, Florida Statute §943.0585, and Sealing a criminal record, Florida Statute §943.059, are the statues that will be referred to in order to determine eligibility. You will not be eligible to seal or expunge your criminal record if you have ever been adjudicated guilty including being adjudicated delinquent as a juvenile of any misdemeanor or felony crime. This includes a conviction for DUI, Reckless Driving, or Driving while license suspended or restricted (DWLS/DWLR).The case that you seek to seal or expunge must be closed in order to Seal or Expunge your criminal record. This would include the completion of all Court supervision including any probationary terms.

What is the Difference between Sealing and Expunging my criminal record?A criminal record that is sealed will be kept on file at both the Courthouse and the arresting police agency. The record will be placed in a sealed envelope and will no longer be viewable by the public unless an order to unseal the record is obtained from the Court. FDLE will also keep a record of the arrest. Furthermore, the record be cleared from the Court’s database by the Clerk of the Court.Both the Clerk of the Court and the arresting police agency will destroy a criminal record that is expunged; it will also be erased from the Court’s database. The only agency that will retain a record of the arrest will be the FDLE.How many criminal records can I Seal or Expunge?You may only Seal or Expunge a criminal record once in your lifetime. If you have two prior records that arose out of separate arrests, both of which could be eligible for sealing or expunging, you would have to choose between the two records and decide which one to seal or expunge.

If you have numerous criminal cases which directly relate to the same original arrest, then the Court may, at its sole discretion, order the expunction of your criminal history record pertaining to more than one arrest.

Which criminal records may be Expunged?

You must have received one of the following results in order to expunge your criminal record:No Action – After your arrest, the Office of the State Attorney reviewed the circumstances of the arrest and decided not to file any formal charges against you.Nolle Prosse (No Information) – After your arrest, the Office of the State Attorney did file formal charges against you but later decided to dismiss (No Information) them. This may be due to lack of evidence, problems with witnesses, participation in a pre-trial intervention program or many other possible reasons.Acquittal by a Judge or Jury at trial – You had a trial and were found not guilty of the charges brought against you by the Office of the State Attorney.Which criminal records may be Sealed?In order to seal your criminal record you must have received a withhold of adjudication. Either you entered into a plea or went to trial and the Court withheld the conviction against you.Which criminal records may not be Sealed or Expunged?You may not seal or expunge your criminal record if you have received the following result:

Adjudicated Guilty – You were found guilty by the Court after a plea or trial and that the Court convicted you of the crime charged.Charges ineligible to be Sealed:

Arson;

Aggravated Assault;

Aggravated Battery;

Illegal use of explosives;

Child abuse or Aggravated Child Abuse;

Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;

Aircraft piracy;

Kidnapping;

Homicide;

Manslaughter;

Sexual Battery;

Robbery;

Carjacking;

Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years;

Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority;

A violation of any offense qualify for registration as a sexual predator under §775.21 or for registration as a sexual offender under §943.0435;

Attempting or conspiring to commit any of the above crimes;

Do I have to tell employers who ask if I have a record if my criminal record has been expunged?

It is your sole discretion to deny or fail to acknowledge your criminal record once your criminal record
is expunged. However, there are a few exceptions where a person must disclose that they have an expunged record:

The person is a candidate for employment with a criminal justice agency;

The person is a defendant in a criminal prosecution;

The person is seeking to seal a record under §943.059;

The person is a candidate for admission to The Florida Bar;

The person is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly.

The person is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;

The person is seeking authorization from a seaport listed in §311.09 for employment within or access to one or more of such seaports pursuant to §311.12;

The process to Seal or Expunge a criminal record can take approximately four (4) to six (6) months.

If you have any questions or would like to Seal or Expunge a past criminal record, contact the Hobson Law Firm today to discuss your case.

Tampa Criminal Defense LawyersSealing or expunging criminal records in Florida requires thorough knowlege of the process and laws involved. It is imperative that you speak to an experienced Florida defense attorney who can lead you through process. Our lawyers offer free initial consultations. Call the Hobson Law Firm today to schedule a free initial consultation about sealing or expunging a criminal record in Florida- (727) 230-6930.